Final Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: MISC DJ 54/24
Mahinder Kumar Gupta Vs. Nasiruddin And Faizan
22.01.2025
Present: Sh. Sanjay Gupta, Ld. Counsel for objector (through
video conferencing).
None for non-applicant/decree holder.
Matter is fixed for orders on objections, filed by
objector Faizan.
Ld. Counsel for objector submits that he wants to
file hard copies of the applications on record, which have been
filed through e-filing. Let same be filed during the course of the
day.
Put up the matter at 02:00 pm.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
22.01.2025
At 12:20 pm,
Present: Md. Saif, proxy for Sh. Sanjay Gupta, Ld. Counsel
for objector Faizan is physically present before the
court.
None for non-applicant/decree holder.
Ld. Proxy counsel for objector submits that he has
filed two separate applications, one under Section 151 CPC for
waiving of cost of Rs.5000/- and another for taking on record the
rejoinder to the reply, as filed on behalf of non-applicant through
e-filing. Hard copies are also filed on record. Advance copies are
stated to have already been supplied to Ld. Counsel for non-
applicant. The said applications are registered as IA No.1/25 and
IA No.2/25.
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Put up these applications i.e. IA No.1/25 and IA
No.2/25 at 02:00 pm.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
22.01.2025
At 02:20 pm
Present: Sh. Sanjay Gupta, Ld. Counsel for objector Faizan
(through video conferencing).
Md. Saif, proxy for Sh. Sanjay Gupta, Ld. Counsel
for objector is also physically present before the
court.
Sh. Satish Sharma, Ld. Counsel for non-applicant/
decree holder.
Ld. Counsel for objector Faizan submits that he has
filed two applications through e-filing, one for waiving of cost of
Rs.5000/- imposed upon the objector and another is rejoinder to
the reply of non-applicant/decree holder, which is filed in the
form of miscellaneous application as there is no provision on the
e-portal for filing the rejoinder.
Perusal of IA No.1/25 and 2/25 i.e. for waiving of
cost and rejoinder to the reply shows that same have not been
signed by the applicant or his counsel. On being asked, Ld.
Counsel for objector/applicant submits that he had digitally
signed the said applications. However, no digital signatures are
appearing on these applications.
Ld. Counsel for non-applicant/decree holder submits
that he has no objection, if the previous cost of Rs.5000/-
imposed upon objector Faizan is waived off and his rejoinder to
the reply is taken on record.
In view of oral submissions and no objection given
by Ld. Counsel for non-applicant/decree holder, both these
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applications i.e. IA no. 1/25 and 2/25 are allowed. Accordingly,
previous cost of Rs.5000/- imposed upon objector Faizan is
hereby waived off and the rejoinder to the reply, as filed on
behalf of objector is taken on record.
Put up for orders on objections at 04:00 pm.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
22.01.2025
At 04:00 pm
Present: Sh. Sanjay Gupta, Ld. Counsel for objector Faizan
(through video conferencing).
None for non-applicant/decree holder.
Vide my separate order of even date, pronounced in
the open Court, the objections, as filed on behalf of objector
Faizan stands dismissed.
File be consigned to Record Room.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
22.01.2025
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